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The Judicial Branch

This unit examines the way that the judicial branches of American National and State Government work and the impact that their decisions have on our legal system.

AB
common lawlaw that is based on precedent
criminal lawused to prosecute those who violate a state or nation's penal code
constitutional lawlaw that is based on the U.S. constitution
civil lawused to settle disputes between individuals or parties
administrative lawthe rules and regulations that are formulated by executive agencies, departments, and regulatory commissions.
exclusive jurisdictionthe authority of a court to hear and try cases
concurrent jurisdictionshared authority of courts to hear and try cases
original jurisdictionthe authority of a court to be the first to hear and try a case
inferior courtsa lower court
district courtthe lowest level of the federal court system; court of original jurisdiction for 90% of all court cases
Court of Appealscourts that only hear cases on appeal from lower district courts or from federal agencies
Appellate jurisdictionthe authority to review cases from inferior courts
circuitthe area of jurisdiction of a federal court of appeals
unconstitionalin violation of the Constitution; illegal
Judicial reviewthe power the Supreme Court uses to review federal and state laws in order to decide whether they are Constitutional
docketa schedule of cases to be heard by a court of law
writ of certioriwritten order that directs an inferior court to send its records on a case to the Supreme Court for review
majority opinionstatement written by justices to explain the reasons that they voted for the majority view
concurring opinionwritten by justices who support the majority decision but for different reasons
dissenting opinionstatement written by a judge who disagrees with the majority decision
magistratean official in a district court who issues court orders and determines whether or not a case should be brought to trial
justice of the peacea judge in a local court who hears minor cases
felonya serious crime such as larceny or murder
misdemeanora relatively minor crime
plaintiffa person or party who files a lawsuit
defendanta person who is accused of a crime or who is the subject of a lawsuit
suit of equitya special kind of lawsuit that seeks fair treatment in a situation where there is not existing law
suitthe formal complaint to the court in a legal action
complainta formal notice that a lawsuit is being brought against a party
injunctiona court order that commands a person or group to stop a certain action
contracta legal agreement between two or more parties
penal codethe criminal laws of a state
subpoenaa court order requiring a person to appear in court
summonsa notice directing someone to appear in court to answer a complaint or charge
arraignmenta hearing in which a criminal suspect is charged with a crime and pleads guilty or not guilty
writ of habeus corpuscourt order that guarantees a criminal suspect the right to appear before a judge in a court of law
prosecutionthe state's side of the proceedings in a criminal trial
ex post facto lawa law that punishes a person for committing an act that was not a crime at the time that it was committed
bill of attainderanything that punishes a criminal suspect without using due process of law
due processprocedures that are established by law and guaranteed by the Constitution
grand jurya group of citizens that is given the legal duty to decide whether there is enough evidence to indict a criminal suspect
indictmentto formally accuse a person of a crime
petit jurya jury that hears trials
bench triala trial by a judge
testimonythe statements that a witness makes under oath
cross examinationthe process of questioning a witness at a trial or hearing in order to determine the truthfulness of their statements
verdictthe final decision that is reached by a jury
plea bargainan agreement to plead guilty to a crime in exchange for a reduced sentence
hung jurya jury that cannot agree on a verdict
acquittala vote of not guilty
juvenile delinquenta person who is under the age of legal responsibility (normally under the age of 18) who commits a felony or repeatedly breaks the law



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